The evolution of European Union criminal law (1957-2012)

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Walker, N., “In Search of the Area of Freedom, Security and Justice: A Constitutional Odyssey”, in N. Walker (ed) Europe’s Area of Freedom, Security and Justice (Oxford: OUP, 2004) 3-40. Walker, N., “The pattern of Transnational Policing”, in T. Newburn (ed) Handbook of Policing, 2nd edition (Devon: Willam Publishing, 2008) 119-146. Wacquant, L., “Suitable Enemies: Foreigners and Immigrants in the Prisons of Europe” (1999) 1 Punishment and Society 215-222. Wasmeier, M. and Twaithes, N., “The ‘battle of pillars’: does the European Community have the power to approximate national criminal laws” (2004) 29 European Law Review 613-635. Wasmeier, M. and Thwaites, N., “The development of ne bis in idem into a transnational fundamental right in EU law: comments on recent developments” (2006) 31 European Law Review 565-578. Wells, C., “Cry in the Dark: Corporate Manslaughter and Cultural Meaning” in I. Loveland (ed) Frontiers of Criminality (London: Sweet & Maxwell, 1995) 109- 126. Weyembergh, A., L’Harmonisation des législations: condition de l’éspace penal européen et révélateur de ses tensions (Éditions de l’Université de Bruxelles, 2004). Weyembergh, A., “The Functions of Approximation of Penal Legislation within the European Union” (2005) 12 Maastricht Journal of European and Comparative Law 149-172. Weyembergh, A., “Approximation of criminal law, the Constitutional Treaty and The Hague Programme” (2005) 42 Common Market Law Review 1567-1598. Williams, C., “Overview of the Commission’s Proposal for a Framework Decision on the European Evidence Warrant”, in J.A.E. Vervaele (ed.) European Evidence Warrant: Transnational Enquiries in the EU (Antwerpen/ Oxford: Intersentia, 2005) 69-76. White, S., “Harmonization of Criminal Law under the First Pillar” European Law Review 31 (2006) 81-92. Wright, A., Organised Crime (Devon/ Portland: Willan Publishing, 2006). Zedner, L., Criminal Justice (Oxford: Oxford University Press, 2004). 280
Legislation and other sources by type of instrument and date Treaties and other basic texts Treaty establishing the European Economic Community, 25.3.1957, not published. Treaty establishing a European Coal and Steel Community, 18.4.1951, not published. Treaty Euratom (consolidated version) OJ C 84 of 30 March 2010. Treaty on European Union (Treaty of Maastricht) OJ C 191 of 29 July 1992. Treaty on European Union (Treaty of Amsterdam) OJ C 340 of 10 November 1997. Treaty on European Union and Treaty on the Functioning of the European Union (consolidated versions) OJ C 83 of 30 March 2010. Charter of Fundamental Rights of the European Union, OJ C 364/1 [2000]. Protocol on the application of the Charter of fundamental rights of the European Union to the Czech Republic, Council Document 15265/1/09 REV1, 1 December 2009. Protocol (Nº2) on the Application of the Principles of subsidiarity and Proportionality, OJ C115/206 [2008]. Protocol (Nº30) on the application of the Charter of fundamental rights of the European Union to Poland and the United Kingdom, OJ C 115/313 [2008]. Protocol on the Schengen Acquis integrated into the Framework of the European Union, OJ C 310/348 [2004]. Framework Decisions Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the Euro, OJ L 140/1 [2000]. Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings, OJ L 82/1 [2001]. Council Framework Decision 2001/413/JHA of 28 May 2001 on combating fraud and counterfeiting of non-cash means of payment, OJ L 149/1 [2001]. Council Framework Decision 2001/500/JHA of 26 June 2001 relating to money laundering, identification, tracing, freezing or seizing and the confiscation of the instrumentalities and proceeds from crime, OJ L 182/1 [2001]. Council Framework Decision 2001/888/JHA of 6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro, OJ L329/3 [2001]. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and surrender procedures between Member States, OJ L 190 [2002]. Council Framework Decision 2002/475/JHA of 26 June 2002 on combating terrorism OJ L 164/3 [2002]. Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings, OJ L 203/1 [2002]. Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence, OJ L 328/1 [2002]. Council Framework Decision 2003/80/JHA of 27 January 2003 on the protection of the environment through criminal law, OJ L 29/55 [2003]. Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector, OJ L 192/54 [2003]. Council Framework Decision 2003/577/JHA of 23 July 2003 on the execution in the European Union of orders freezing property or evidence, OJ L 196/45 [2003]. 281
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The London School of Economics and
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Abstract This thesis addresses the
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However, the journey of writing thi
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3. The scope of intervention: the e
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4. The emergence and development of
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Introduction: The nature of Europea
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This dissertation seeks to advance
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account as a reference. Indeed, sev
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Whilst the distinctive criteria of
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it makes sense to consider the doma
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creation of summary offences tried
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want to be talking about a simple a
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contemporary societies that primari
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influence on Member States to intro
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But what defines these Euro-crimes
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significantly broader range of crim
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legal orders that punish more sever
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enforcement agencies were keen to e
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framed. 98 The principle of direct
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obligations were further confirmed
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Moreover, other realms of interacti
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Hence, the Court, whilst recognisin
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for some understanding of the first
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“The Commission’s efforts and i
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trafficking), and especially about
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The central actors in the Trevi fra
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justice and home affairs matters un
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Likewise, the Programme of Action t
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means to repatriate third country n
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“Each Member State shall take app
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“For that purpose, whilst the cho
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limiting national criminal law, it
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“…synthesis of the arrangements
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of Action relating to the reinforce
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the single market and the consequen
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Rather limited in scope and depth,
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The need for more openness in the w
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not subject to control or enforceme
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the individual. The building of a m
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Initiatives ranged from the creatio
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etween police forces in matters of
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evenue. 298 Along the same lines, t
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identified in the TEU(M) It was see
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esponsible for the formalisation of
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Indeed, already in 1996, organised
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Finally, besides the political and
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particularly those initiatives that
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and drug trafficking, hence giving
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trade. 356 The Court continued by n
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well as the first protocol. 366 The
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crime is a fluid concept, with loos
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means of transport, telecommunicati
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Chapter 3 The evolution of European
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1. Treaty of Amsterdam: expansion a
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positions would be suited to define
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The author noted how it was adopted
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2. The new scope of European Union
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these political declarations, which
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thirty years and epitomises and imp
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phenomenon and of the multifaceted
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within the scope of instruments alr
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Furthermore, the criminalisation of
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interests (in this case the single
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More notably, the most significant
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The Court decided with the Commissi
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Regardless of the Court having plac
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in particular fields, thus solidify
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However, competence to enact legisl
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months) to third-country national v
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derogations); 525 others proposed f
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ecognition of national sentences, p
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2. The features of the new supranat
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criminal matters and, if necessary,
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with a cross border dimension. Ther
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question of ‘why criminal law’,
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e affected by ECL law. 562 This dec
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Chapter 4 Harmonisation of national
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Harmonisation was felt to be necess
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matters. Indeed, the European Union
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This provision portrays a criminal
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“a structured group of three or m
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development is in line with the rea
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economic loss; (e) seizure of aircr
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Framework Decision, which obliged t
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possession, among others. 630 A stu
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Again, the EU’s provision was bro
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liability is a sensitive issue whic
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3.2. A focus on minimum maximum pen
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the threshold demanded by EU law. T
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of ensuring a degree of homogeneity
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Framework Decision on trafficking i
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inging about a harsher criminal law
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extraterritoriality to nothing less
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development of the single market -
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“(… )involves the recognition o
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These changes in extradition across
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arguments against extradition of na
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To be sure, concerns with fundament
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text of the preamble does not amoun
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States should not have to use their
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e partly explained by the fact that
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“Confidence in the application of
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2007, Polish authorities requested
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With these judgements, the Court st
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does not deem the acts in question
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discretion in Title VI TEU(A), one
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Such reasoning led the Court to con
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was committed by a national abroad
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Furthermore, the list of types of o
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“without any further formality be
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An EEW can only be issued with the
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“The competent authorities in the
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prisoners with the view of ‘facil
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The preamble explains this choice b
Page 229 and 230: 3.3.3 Probation and alternative san
Page 231 and 232: prosecuted elsewhere in the EU. Rat
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Page 235 and 236: definitely bar further prosecution
Page 237 and 238: Conclusion The introduction and dev
Page 239 and 240: Chapter 6 Conclusion: Towards a Eur
Page 241 and 242: Measures adopted along these narrat
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Page 245 and 246: persons acting together; in the fra
Page 247 and 248: policies appeared as the main crite
Page 249 and 250: preceding any legislative proposal,
Page 251 and 252: suggests that mutual recognition wi
Page 253 and 254: clear in relation to the EAW. In fa
Page 255 and 256: It is beyond the scope of this thes
Page 257 and 258: Furthermore, Article 6 TEU(L) confe
Page 259 and 260: that may endanger his or her life,
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Page 263 and 264: penal values in the future. Similar
Page 265 and 266: Member State of execution, irrespec
Page 267 and 268: as how long the individual concerne
Page 269 and 270: 6. A renewed challenge for coherenc
Page 271 and 272: Bibliography Books and articles Aba
Page 273 and 274: Deen-Racsmany, D., “The European
Page 275 and 276: Hinarejos, A., Spencer, J.R., and P
Page 277 and 278: Xanthaki (eds) Towards a European C
Page 279: Szymanski, J., “Discretionary Pow
Page 283 and 284: Council Directive 91/477/EEC of 18
Page 285 and 286: Joint Action 96/602/ JHA of 14 Dece
Page 287 and 288: Proposals Portuguese Republic, Init
Page 289 and 290: supervision order in pre-trial proc
Page 291 and 292: Council Doc. 9067/06 on the Proposa
Page 293 and 294: Case C-186/98 Criminal proceedings
Page 295 and 296: Agreement on the Application betwee
Page 297: Websites and links http://www.eurow
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